Investment funds or unit classes for tax-privileged investors; proof of tax exemption

(1) Investment funds or unit classes are, subject to the second and third sentences, exempt from tax where, under the investment conditions, only tax-privileged investors under section 8(1) may participate. Domestic equity income is exempt from tax only where the investment fund satisfies the conditions for creditability of capital gains tax under section 36a of the Income Tax Act. Other domestic income under section 6(5), first sentence, nos. 2 and 3 is not exempt from tax.
(2) Domestic real estate income of an investment fund or a unit class is exempt from tax where only tax-privileged investors under section 8(1) or (2) may participate. The first sentence also applies to other domestic income that is not subject to a tax deduction on receipt; excepted is other domestic income under section 6(5), first sentence, nos. 2 and 3.
(3) The tax exemption under subsections (1) and (2) requires that the investment conditions permit only the return of investment units to the investment fund, and that the transfer of investment units is excluded.
(4) Investors must prove their tax exemption to the investment fund. To prove the tax exemption, 1. an investor under section 8(1) no. 1 or subsection (2) must transmit a valid certificate under section 9(1) to the investment fund, and 2. the provider of a retirement provision or basic pension contract must notify the investment fund that it acquires the investment units exclusively within the framework of retirement provision and basic pension contracts.
(5) No tax deduction is to be made on the payment of capital income to tax-exempt investment funds or unit classes within the meaning of subsection (1), first sentence.
(6) Where the investor does not satisfy the conditions of section 8(4), second sentence, no. 3, the investor must pay tax on the domestic equity income, domestic real estate income and other domestic income attributable to its investment units, as well as on the investment income under section 16(1). Section 36a(4) of the Income Tax Act applies accordingly.